Total and permanent disability benefits of a seafarer undergoing continuous medical treatment

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A seafarer still undergoing medical treatment beyond the 120/240 day period despite an assessment from the company designated physician is entitled to total and permanent disability

Maine Marine Philippines, Inc./ Misuga Kajun Co., Ltd .Despite medication, his foot’s condition worsened when he slid down the deck and bumped his right foot. He felt pain in the back of his swollen leg and developed fever and headache.

On March 24, 2009, the company doctor recommended “an impediment disability grading of 8% for Loss of first toe and some of its metatarsal bone.” The Supreme Court said the schedule of disabilities in the collective bargaining agreement , if there is one, or the POEA standard employment contract, should be the primary basis for the determination of a seafarer’s degree of disability.

He was confined in the hospital from 20 April 2009 to 6 June 2009, where he underwent serial debridements, curettage, sequestrectomy and even amputation of the right first metatarsal bone. However, the company-designated physician failed to give a definitive impediment rating of the seafarer’s disability beyond the extended temporary disability period, after the 120-day period but less than 240 days.

Source: News Formal (newsformal.com)

 

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